Salisbury Planning and Zoning Commission approves special permit for two affordable homes on Undermountain Road

The Salisbury Planning and Zoning Commission voted 4-1 on July 11, 2024, to approve Special Permit #2024-0244, allowing the Salisbury Housing Trust to construct two affordable dwelling units on municipally owned property at 26 and 28 Undermountain Road. Vice Chair Cathy Shyer moved the resolution; Regular Member Bob Riva seconded. Regular Member Allen Cockerline cast the lone opposing vote.

The commission adopted Option 2 from the applicant’s set of site plans, finding that this layout best maintained the neighborhood street wall while preserving the largest possible open-space/viewshed at the rear of the lot. The resolution records that the two parcels together total approximately 0.85 acres and that the proposal is intended to provide homes affordable for buyers below 80 percent of area median income, consistent with a February 5, 2024 8-24 review and the town’s Plan of Conservation and Development.

Commissioners weighed competing community concerns in reaching their decision. Documents and testimony in the record flagged several issues: the need for public parking in the village center if front-lot parking were formalized (Option 1); the preservation and health of two large oak trees whose surface roots extend beyond their driplines; and incomplete impervious-surface calculations for several design variants. The Tree Warden’s reports, cited in the resolution, warned that root compaction or cutting would be injurious to the trees’ long-term survival; the resolution notes Options 3a and 3b as the most protective of the trees but says those options substantially reduced rear open space.

The commission also reviewed Section 403 of the town’s Zoning Regulations (Aquifer Protection Overlay District), which requires special-permit review for designs that render more than 30 percent of a lot impervious or retain less than 30 percent vegetative ground cover. The record shows that Option 2 conforms with Section 403 as presented, while impervious-surface calculations were not provided or were incomplete for Option 1 and for Options 3/3a/3b; the resolution records that it is therefore not possible from the materials in the record to determine whether those options would have required a separate Special Permit under Section 403.

The resolution states that, "the protection of a significant portion of open space/viewshed at the rear of the parcel minimizes the impacts of the development to the abutting properties," and concludes that, with enumerated conditions, Option 2 "has been related harmoniously to the terrain and to the use, scale, and siting of existing buildings in the vicinity." The commission’s approval includes the following conditions: construction must follow the drawing titled "Site Plan Option 2" prepared by engineer Patrick R. Hackett, P.E.; no zoning permit shall issue until the applicant obtains approvals required from the Fire Marshal and from Aquarion Water Company for the design and connection of the development; exterior lighting must comply with Section 702 and be turned off after hours when feasible or use motion sensors; and any required modifications to the decision may, at the commission’s discretion, require a full public process.

The motion to adopt the resolution was made by Vice Chair Cathy Shyer and seconded by Regular Member Bob Riva; the vote was recorded as 4-1-0 with Regular Member Allen Cockerline opposed. The commission recorded that Secretary Martin Whalen was present but ineligible to vote on the June 17 public hearing and that Alternate Member Dr. Danella Schiffer was seated and voted in the majority. The meeting adjourned at 5:56 p.m.

Next procedural steps noted in the resolution: the applicant must secure the Fire Marshal and Aquarion Water Company approvals before the town may issue a zoning permit; if the applicant cannot meet a decision requirement, they may seek a modification, which the commission may require to be processed with public notice and hearing.